No need for separate inquiry, police already probing Jamia violence: Delhi Police to High Court
Jun 04, 2020
New Delhi [India], June 4 : The Delhi Police on Thursday told the Delhi High Court that there is no need for separate inquiry as it is already probing the violence in Jamia Millia Islamia (JMI) University.
Crime Branch in an affidavit filed in the Delhi High Court said that "exercising the fundamental right of dissent is and should be respected". "However, no person can be allowed to commit breach of the law, indulge in violence, arson and riotous activity causing danger to life, limb and property of innocent citizens under the garb of exercise of the fundamental right of free speech and assembly."
The police said that such fundamental rights of the citizens are not absolute and are liable to reasonable restrictions under the constitution and "in garb of organising a protest it is completely impermissible as it paralyses the day-to-day activity of fellow citizens who are completely unconnected with the cause for which protests are organised by a section of society".
The Delhi Police has cited the electronic evidence including videos and photographs collected and the witnesses statements recorded and said that it is clear that in the garb of student agitation, what happened, in fact, appears to be "a well-planned and orchestrated attempt by some persons with local support (who were not students) to intentionally perpetrate violence in the area".
The police said that the prime contention of the petitioner that it was a mere student protest and the demonstration was peaceful is an "utter falsehood" and requested the court to dismiss the plea filed by the petitioner and advocate Nabila Hasan seeking to set an independent fact-finding committee to probe the incident.
Countering the petitioner's claim, the police said that Delhi Police has already registered three cases in connection with Jamia violence dated December 13 and December 15, 2019 and the investigation in the case is being monitored by the competent court.
"As such, the prayers of the petitioner seeking interference of the constitutional courts in a criminal investigation by way of a PIL, is nothing, but an ostensible attempt to somehow obfuscate and impede the on-going investigation," Delhi Police said in its affidavit.
The Crime Branch response came on a petition filed by lawyer Nabila Hasan through advocates Sneha Mukherjee and Siddharth Seem, which sought action against cops over Jamia violence.
The petitioner has sought an early listing saying that the situation of JMI University is as serious as before.
The petitioner also said there have been cases of the police brutality on students on February 20, "students have been called for interrogation even during the nationwide lockdown and harassed, questioned and made to sit for hours unnecessarily".
Earlier, the Delhi High Court had asked the Central government, Delhi Police and other respondents in the matter to file a reply on the various petitions pending over JMI university incident in December.
